Democratization: Rule of Law
Within this framework, the ODIHR implements activities in OSCE participating States
in Central and Eastern Europe, South-Eastern Europe, and Central Asia. The Office uses
expertise from a variety of sources, stressing
good practices developed in various participating States. Where appropriate, the ODIHR
relies on experts from states that have had comparable experiences. Included in this pool are a
considerable number of experts from the Russian Federation.
Co-operation with OSCE field operations
is vital, as those on the ground in the relevant
countries are able to react quickly to developments in government policies or to cases that
require OSCE involvement. The ODIHR also
co-operates with a strong network of governmental and non-governmental partners, which
is a fundamental aspect of all of its fieldwork.
I. Fair trials
Promoting access to justice
The ODIHR emphasizes access to justice as a
core element of the rule of law. Denial of justice and ineffective access to justice hinder
implementation of the rights granted in constitutions and legislative acts, making legislative
frameworks ultimately window dressing.
Through a variety of initiatives in 2006, the
ODIHR provided states with advice on how to
improve their legal-aid schemes and trained
lawyers to improve their ability to implement
the rights set forth in procedural legislation
in the courtroom. A special day at the 2006
Human Dimension Implementation Meeting (HDIM) was devoted to this topic, during which participants addressed the issue of
the availability and quality of legal assistance,
as well as the need to ensure the enforcement
of court decisions in civil and administrative
cases. The HDIM provided a platform for dialogue and the exchange of expertise and knowhow, and promoted the exchange of best practices and lessons learned among government
and civil society representatives present at the
meeting. In addition to policy discussions, the
ODIHR also supported a number of practical
initiatives in participating States.
In Croatia, the ODIHR completed the implementation of a legal-aid project that ensured
access to justice for particularly vulnerable
groups, focusing on refugees and displaced persons who left the country during the period of
armed conflict and wished to return to Croatia. The project was initiated in 2003 as a result
of an ODIHR assessment highlighting the lack
of an effective scheme for free legal aid in civil
cases. By supporting a local legal-aid NGO, the
ODIHR ensured that, between 2003 and 2006,
more than 1,300 clients were provided with
free legal assistance and in-court representation, thus contributing to sustainable return of
refugees, displaced persons, and internally displaced persons in Croatia.
At the request of Kazakhstan’s Justice Ministry, the ODIHR participated in discussions
among political decision makers and professional civil society groups on reforming
the legal-aid system and contributed technical expertise and comparative examples from
other participating States to the official concept
paper on the reform of the legal-aid system. The
ODIHR also held consultations with all major
stakeholders in the legal sphere. The ODIHR
will continue to pay attention to this important
area of justice reform in the coming year.
National human rights institutions such
as ombudsmen can provide assistance with
regard to the effective implementation of individual complaints and improve access to justice
for individual citizens. The ODIHR continued
in 2006 to provide legislative support through
technical advice in drafting relevant legislative
frameworks. It also provided technical assistance for the creation of national human rights
institutions and promoted the sharing of best
practices and experiences, as well as the transfer of technical know-how within the OSCE
area through regional and international meetings bringing together professionals from various participating States. The ODIHR followed
the appointment of a second human rights
defender to Armenia’s Office of the Human
Annual Report
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